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Hemkunt Foundation Thr. Its Trustee Smt. Natasha Ahluwalia vs. State NCT of Delhi

Criminal Miscellaneous Case · 2026:DHC:8497Decided 29 Sept 2026New Delhi Bench
CRL.M.C. 5185/2022CNR: DLHC010383112022
Justice Saurabh Banerjee

Background

Hemkunt Foundation, a charitable trust, sought quashing of FIR No. 18/2022 (PS Special Cell) under Sections 406/420/120B IPC. The FIR alleged the Foundation collected roughly Rs. 74.55 crore in Covid-19 relief donations through emotional social-media appeals, then diverted Rs. 38.31 crore to purchase land via a related LLP and created fixed deposits, instead of using it for relief work.

Decision Breakdown

The Court held that criminal breach of trust (Section 406) requires "entrustment" of property, but a voluntary donation, once accepted, transfers ownership to the donee: there is no continuing entrustment. It further held that neither the FIR nor the chargesheet disclosed any aggrieved person/victim (the complaint was lodged by a police SI, not a donor), which is fatal to charges of both cheating and breach of trust under Supreme Court precedent (State of Haryana v. Bhajan Lal; PPK Newsclick). The Court also noted the Foundation had in fact spent Rs. 5.18 crore on Covid relief, undermining any inference of fraudulent intent from inception. The FIR under Sections 406/420/120B IPC was quashed.

Lesson Learnt

Once money is given as a genuine "donation," the donor loses ownership and cannot later treat its subsequent use as "misappropriation"; and criminal cheating/breach-of-trust charges cannot survive without an identifiable victim who was actually deceived or from whom property was entrusted.

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